Concept Luxe Systems

1. Preliminary Statements

 

1.1. By placing an order, the Customer accepts the following general terms and conditions of the Contractor (the Company), particularly with regard to prices, delivery, payment, contract withdrawal, and indemnities without limitation.

 

1.2. All documents related to the order shall be valid from the date they are presented by the Company to the Customer. Any sales and technical documents are not included in the scope of the order.

 

1.3. The Customer represents that they have ownership rights or authorization from the property owner for the land specified in the contract.

2. Order Execution

 

2.1. The order shall be delivered to the address provided by the Customer. Unless otherwise specified, the Customer is responsible for all approvals.

 

2.2. The Customer is obliged to ensure that the following elements are inspected and approved by a structural engineer:

* The structural integrity of the roof beams on-site.

* The boundary points of the site.

3. Prices

 

3.1. Unless a fixed price is agreed upon between the Customer and the Company, prices will be determined based on the date of execution of the order and the applicable contract price. Prices will include the Service and Sales Tax (HST) effective on the date the contract is signed. In the event of a tax rate change, the invoice will be adjusted according to the tax rate in effect at the time of the contract.

 

3.2. Order confirmation will only be valid upon receipt of a 50% down payment as specified in the contract.

 

3.3. If the down payment is not made, the Company reserves the right to withdraw from the contract.

4. Withdrawal from the Contract, Termination, Damages, and Warranty

 

4.1. If the Customer withdraws or cancels the contract before production begins, the Company may claim 30% of the order value as compensation.

 

4.2. If the Customer rejects the components after production, they will be liable for 100% payment for non-assembled components and 90% payment for assembled components.

 

4.3. If installation is not possible due to technical reasons during the installation process, the Customer may not claim compensation.

 

4.4. The Company offers a 5-year warranty for terrace roofs and powder coating, and a 2-year warranty for electrical components and sun protection systems.

5. Retention of Ownership

 

Until the total order amount is fully paid, all products and components delivered by the Company remain the property of the Company.

6. Payment

 

Upon signing the contract, a 50% down payment is required. A 40% payment is due after delivery, and the remaining 10% is due upon completion of the work.

 

6.1. The Customer cannot make any set-off against the Company’s claims, except for claims recognized by the Company under the law.

 

6.2. Separate orders may be created for different products, and an invoice will be issued for each order.

7. Order Execution

 

7.1. The Customer is responsible for obtaining all necessary permits for the execution of the order.

 

7.2. The Customer is responsible for providing necessary access for the delivery date and location.

 

7.3. The Company will only be responsible for damages that occur during the execution of the order if there is gross negligence or intentional actions.

 

7.4. The connection of electrical components is the responsibility of the Customer and is not covered by the Company.

8. Acceptance

 

8.1. The contractor is deemed to have completed the work once the work is finished. Minor defects do not affect acceptance.

 

8.2. The Customer shall ensure a careful inspection of the work before acceptance.

9. Additional or Deviating Agreements

 

Any additional agreements or changes are only valid with the written approval of the Company.

10. Severability

 

If any provision of this contract is found to be invalid, the validity of the remaining provisions will not be affected.

11. Liability

 

The Company’s liability is limited to cases of intentional misconduct or gross negligence.

12. Governing Law

 

This contract is governed by the laws of Ontario, Canada.

13. Place of Performance/Jurisdiction

 

For all claims, the registered office of the Company will be the jurisdiction.

14. Data Privacy

 

Data will only be used for processing the order and will not be shared with third parties.

15. Delivery Time

 

15.1. The delivery time is determined from the date of order confirmation and may be subject to change.

 

15.2. The delivery time starts once the Customer has completed the required documents and down payment.

 

15.3. Delivery time may be extended due to force majeure.

 

15.4. In case of delivery delay, the Customer has the right to withdraw from the contract within a reasonable time.

16. Legal Permits and Responsibility

 

16.1. Legal Permits

The Customer is fully responsible for obtaining all legal permits required for the installation of the ordered product and ensuring their validity. The Company does not provide any service related to obtaining permits, permit applications, or tracking approval processes, and does not bear any legal responsibility in this regard.

 

16.2. Engineering Drawings and Technical Requirements

The engineering drawings and technical calculations required for installation are the responsibility of the Customer. The Customer is obligated to obtain engineering services to ensure compliance with construction standards at the site of installation. The Company is not responsible for providing or approving any engineering drawings and accepts no liability in this regard.

 

16.3. Legal Compliance and Standards

The Customer is responsible for ensuring compliance with all local, state, and federal laws and regulations in the area where the installation will occur. The Customer is responsible for meeting all safety and construction standards, and the Company accepts no responsibility in this regard.

 

16.4. Liability for Unauthorized Installations

If the required legal permits are not obtained before installation, the Customer is fully responsible for any legal, financial, or other consequences that arise. The Company cannot be held liable for any damage, penalties, or other legal consequences resulting from unauthorized installations or unlawful activities.

17. Company’s Responsibility and Limitations

 

17.1. Installation and Delivery

The Company is only responsible for the delivery and installation of the products as specified in the contract. The Company does not verify whether the required legal permits have been obtained and bears no liability if such permits are not obtained.

 

17.2. Limited Liability

The Company is only responsible for the technical specifications and functionality of the products as covered by the manufacturer’s warranties. The Company cannot be held liable for any defects, damages, or legal issues arising after installation. Additionally, if installation is performed by the Customer or a third party, the Company’s warranty obligations will be void.

 

17.3. Legal Disclaimer

The Company accepts no responsibility for any actions carried out based on information provided by the Customer or approved engineering plans. The Customer is responsible for verifying the accuracy and compliance of all engineering and structural requirements.

18. Force Majeure

 

18.1. Force Majeure Definition

The Company shall not be held responsible for failure to perform its contractual obligations due to circumstances beyond its control. Force majeure events include natural disasters, war, terrorism, fire, flood, earthquake, pandemics, government regulations, strikes, or supply chain issues. In such cases, the Company will notify the Customer in writing of the commencement and duration of the force majeure event.

 

18.2. Extension of Delivery Time

In the event of force majeure, the delivery time may be extended accordingly. The Company will notify the Customer of the new delivery date as soon as possible.

19. Dispute Resolution and Applicable Law

 

19.1. Dispute Resolution

In the event of any dispute arising from this contract, the parties will first attempt to resolve the issue amicably. If no resolution is reached, the courts of Ontario, Canada, will have jurisdiction, and the applicable law will be the laws of Ontario, Canada.

 

19.2. Arbitration

The parties agree to resolve any disputes arising from this contract through arbitration, prior to resorting to legal action. Arbitration will take place at an authorized arbitration institution in Ontario, Canada.

20. Intellectual Property

 

20.1. Designs and Technical Information

The Company holds the intellectual property rights to all engineering drawings, designs, and technical documents provided. These materials can only be used within the scope of the contract and may not be transferred or copied by third parties.

 

20.2. Intellectual Property Violations

The Customer assumes all legal responsibility for any unauthorized use or transfer of designs or technical documents to third parties.

21. Insurance and Liability

 

21.1. Company’s Insurance

The Company will maintain applicable insurance policies for its operations. However, these insurance policies cover only the Company’s responsibilities, and the Customer remains responsible for their own activities. The Company cannot be held liable for damages outside of the coverage of its insurance policies.

 

21.2. Customer’s Responsibility

The Customer is responsible for any damages, harm, or injury occurring during the delivery and post-installation usage of the order. The Company is not liable for any responsibility arising from the Customer’s usage.